Arbitral Digest

Matter

Ansung Housing Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/14/25)

Case no.
ARB/14/25
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 9 March 2017Arbitration

    9 March 2017Arbitration

    Award in Ansung Housing Co., Ltd. v. People's Republic of China dated 9 March 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld China's objection under ICSID Arbitration Rule 41(5), dismissed with prejudice all claims as time-barred and manifestly without legal merit, and awarded the People's Republic of China its share of the direct costs and 75 percent of its legal fees and expenses, with interest on unpaid amounts.

    Supporting details

    24 authorities · 27 participants
    Ansung Housing Co., Ltd.
    Representative
    Kap-You (Kevin) Kim (For: Ansung Housing Co., Ltd.)
    Representative
    Seunghyeon (Alex) Kim (For: Ansung Housing Co., Ltd.)
    Representative
    David MacArthur (For: Ansung Housing Co., Ltd.)
    Representative
    Junu Kim (For: Ansung Housing Co., Ltd.)
    Representative
    Sejin Kim (For: Ansung Housing Co., Ltd.)
    Representative
    Yenping Seng (For: Ansung Housing Co., Ltd.)
    Representative
    Bhushan Satish (For: Ansung Housing Co., Ltd.)
    Representative
    Bae, Kim & Lee LLC (For: Ansung Housing Co., Ltd.)
    People's Republic of China
    Representative
    Yongjie Li (For: People's Republic of China)
    Representative
    Chenghua Jiang (For: People's Republic of China)
    Representative
    Xiao Fang (For: People's Republic of China)
    Representative
    Zhao Sun (For: People's Republic of China)
    Representative
    Barton Legum (For: People's Republic of China)
    Representative
    Anna Crevon (For: People's Republic of China)
    Representative
    Brittany Gordon (For: People's Republic of China)
    Representative
    Dentons Europe LLP (For: People's Republic of China)
    Representative
    Huawei Sun (For: People's Republic of China)
    Representative
    Lijun Cao (For: People's Republic of China)
    Representative
    Zhong Lun Law Firm (For: People's Republic of China)
    Representative
    Zheng Wang (For: People's Republic of China)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucy Reed
    Arbitrator
    Michael Pryles
    Tribunal secretary
    Geraldine R. Fischer

    Authorities cited

    24
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      statute
    • China-Korea BIT (Agreement between the Government of the Republic of Korea and the Government of the People's Republic of China on the Promotion and Protection of Investments)
      statute
    • ICSID Arbitration Rules in force from April 10, 2006
      statute
    • ICSID Institution Rules
      statute
    • Vienna Convention on the Law of Treaties (1155 UNTS 331)
      statute
    • Trans-Global Petroleum, Inc. v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/07/25, Decision on the Respondent's Objection Under Rule 41(5), May 12, 2008)
      case law
    • Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11, Award, December 1, 2010)
      case law
    • Grand River Enterprises Six Nations, Ltd. et al. v. United States of America (NAFTA/UNCITRAL, Decision on Jurisdiction, July 20, 2006)
      case law
    • Mondev International Ltd. v. United States of America (ICSID Case No. ARB(AF)/99/2, Award, October 11, 2002)
      case law
    • Spence International Investments, LLC et al. v. Republic of Costa Rica (ICSID Case No. UNCT/13/2, Interim Award, October 25, 2016)
      case law
    • William Randolph Clayton et al. v. Government of Canada (PCA Case No. 2009-03, Award on Jurisdiction and Liability, March 17, 2015)
      case law
    • Marvin Roy Feldman Karpa v. United Mexican States (ICSID Case No. ARB(AF)/99/1, Award, December 16, 2002)
      case law
    • Rusoro Mining Limited v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/12/5, Award, August 22, 2016)
      case law
    • Corona Materials LLC v. Dominican Republic (ICSID Case No. ARB(AF)/14/3, Award, May 31, 2016)
      case law
    • Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12, Decision on Jurisdiction, June 1, 2012)
      case law
    • United Parcel Service of America v. Canada (UNCITRAL, Award on Merits, May 24, 2007)
      case law
    • Apotex Inc. v. Government of the United States of America (NAFTA/UNCITRAL, Award on Jurisdiction and Admissibility, June 14, 2013)
      case law
    • Mavrommatis Palestine Concessions (Permanent Court of International Justice, Series A, No. 2, 1924)
      case law
    • Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6, Decision on Jurisdiction, August 22, 2008)
      case law
    • Siemens A.G. v. Argentine Republic (ICSID Case No. ARB/02/8, Decision on Jurisdiction, August 3, 2004)
      case law
    • AWG Group Ltd. et al. v. Argentine Republic (ICSID Case No. ARB/03/19, Decision on Jurisdiction, August 3, 2006)
      case law
    • Romak S.A. v. Republic of Uzbekistan (PCA Case No. AA280, Award, November 26, 2009)
      case law
    • Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23, Award, April 8, 2013)
      case law
    • RSM Production Company v. Grenada (ICSID Case No. ARB/10/6, Award, December 10, 2010)
      case law

Matter record

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Ansung Housing Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/14/25) · Matter